Appendix A: Express Limited Warranty - Maxum 4100 SCA Sportyacht Owner's Manual Supplement

Appendix A: Express Limited Warranty

Limited Warranty for New 2000 or 2001 Model Year Sport Yachts (3500SCR, 3700SCR, 4100SCA, 4100SCB, and 4600SCB)
Maxum warrants to the first retail purchaser ("Owner") of a new 2000 or 2001 Model Year Maxum Sport Yacht (3500SCR, 3700SCR, 4100SCA, 4100SCB, and
4600SCB) purchased from an authorized dealer, operated under normal, noncommercial use, that the selling dealer will (or, in Maxum's discretion, it will):
(1) repair or replace any parts found to be defective in materials and workmanship occurring within 1 (one) year of the date of delivery;
(2) repair any defects in materials and workmanship in structural fiberglass parts of the hull (and specifically excluding the deck) occurring within
7 (seven) years of the date of delivery; and
(3) repair any defects in materials and workmanship that result in osmotic blistering of the exterior gel coat surface of the hull laminate occurring
within 5 (five) years of the date of delivery, except that Maxum shall not be liable or responsible to correct, repair, or replace any damage from
osmotic blistering if the original gel surface has been altered in any way, including repair or application of any coating other than marine anti-
fouling bottom paint or improper surface preparation for paint, or excessive sanding or sandblasting. Maxum shall repair osmotic blisters based
upon customary and reasonable charges with the method and extent of repair subject to Maxum's prior approval.
Owner's sole and exclusive remedy for defects covered by this limited warranty shall be the repair or replacement, at the option of Maxum, of the defective part
or component. THE REMEDY DESCRIBED IN THIS LIMITED WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY PROVIDED
BY MAXUM.
This limited warranty is subject to the specific terms and conditions set forth below.
In order to receive this limited warranty coverage, Maxum must receive the limited warranty registration card from the authorized selling dealer within
30 days of delivery of the Sport Yacht. Receipt by Maxum of the limited warranty registration card is a condition to the processing of a warranty claim.
All repairs under the terms of this warranty are subject to pre-approval from Maxum service personnel. Employees of Maxum dealers are not authorized to make
warranties or approve warranty repairs other than those set forth herein.
To obtain warranty service, the Sport Yacht, including any allegedly defective part, must be returned to the authorized Maxum dealer from whom the Sport Yacht
was purchased within the applicable warranty period. All warranty repairs must be performed at the Maxum dealer's facilities or, at Maxum's discretion, at an
authorized Maxum repair facility.
The Owner is responsible for all expenses associated with transporting the Sport Yacht and/or defective part to and from the Maxum dealer, expenses associated with
haul outs, yard fees, and any other expenses associated with transferring the yacht to the Maxum dealer or authorized Maxum repair facility for warranty service.
Maxum shall not be responsible for any condition that may be affected by the Owner's failure to use, maintain, or store the Sport Yacht as specified in the
Maxum owner's manual, and any other failure to provide reasonable care and maintenance.
Maxum hereby assigns all warranties provided by the manufacturers and distributors of components and parts (including but not limited to engines, transmis-
sions, outdrives, and appliances) for the Sport Yacht to the Owner and Owner's sole remedy for defects in components or parts subject to those warranties shall
be the assertion of Owner's rights against those manufacturers or distributors.
Maxum shall have no liability or responsibility for any damage or expense, and no Maxum warranty is provided for, the following:
A Sport Yacht purchased from any party other than an authorized Maxum dealer; a Sport Yacht, including components and systems, that has been altered or mod-
ified from factory specifications; equipment and accessories (including engines) not factory installed by Maxum; a Sport Yacht used for commercial purposes;
any components or parts (including but not limited to engines, transmissions, outdrives, and appliances) that carry their own warranties; damage or deterioration
of cosmetic surface finishes, including cracking, crazing, discoloration, air voids, fading or oxidation of gel coat, wood finishes (varnishes, stains and paints),
fabrics, vinyls, plastics, plated or painted metal and stainless steel finishes; anti-fouling bottom paint or zinc anodes; the cost to remove, disassemble or reinstall
components not installed by Maxum that require removal to access parts covered by this warranty; a Sport Yacht which has been misused, operated in a negligent
manner, used for racing or military purposes; operated without normal maintenance, operated contrary to any instructions furnished by Maxum or its component
suppliers, or operated in violation of applicable law or regulations; any representation or implication relating to speed, range, fuel consumption or estimated per-
formance characteristics; window glass and windshield damage or breakage; damage, shrinkage, or deterioration of carpet, upholstery and exterior canvas tops,
enclosures, and weather covers (including rainwater leakage); and any damage, cost, or expense caused by an act of nature.
IN NO EVENT SHALL MAXUM OR THE SELLING DEALER BE RESPONSIBLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (including but not limited to loss of time, loss of use, inconvenience, travel expense, transportation costs, towing, damage or loss of use of
other property or equipment, loss of profits, and loss of contracts), WHETHER SUCH CLAIM OR ACTION IS BASED ON CONTRACT, WAR-
RANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER TORT. Some states do not allow the exclusion of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
This warranty gives the Owner specific legal rights, and the Owner may also have other rights which vary from state to state. This document contains the entire
warranty given by Maxum and there are no terms, promises, conditions or warranties, express or implied, other than those contained herein. ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY ARE EXPRESSLY
EXCLUDED. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED TO THE DURA-
TION OF THIS WRITTEN WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply
to you. Maxum specifically does not authorize any person to extend the time or scope of this warranty or to create or assume for Maxum any other obligation or
liability with respect to Maxum Sport Yachts.
The unexpired portion of this warranty may be transferred to a second owner upon purchase of the Sport Yacht from an authorized Maxum dealer. A non-refund-
able recording fee of $250.00 must accompany any transfer request. Maxum reserves the right to reject a warranty transfer request for a Sport Yacht that has been
damaged, neglected, or otherwise previously excluded from warranty. Maxum will confirm all warranty transfers in writing to the dealer and the second owner.
For further information regarding this limited warranty, please contact Maxum at:
MAXUM EXPRESS LIMITED WARRANTY
Terms and Conditions
What Is Not Covered
Other Limitations
Transferability
Maxum Marine
P.O. Box 6050
Arlington, WA 98223-6050
Phone (360) 435-6534
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